WEBVTT

00:00:00.230 --> 00:00:01.870
Yes, a British Columbia

00:00:01.870 --> 00:00:03.230
defamation claim may be

00:00:03.230 --> 00:00:04.390
possible.

00:00:04.710 --> 00:00:05.970
But the legal question is more

00:00:05.970 --> 00:00:07.430
than whether a post is false or

00:00:07.430 --> 00:00:08.490
upsetting.

00:00:08.870 --> 00:00:09.810
You need to consider its

00:00:09.810 --> 00:00:11.330
meaning, who received it, the

00:00:11.330 --> 00:00:12.650
available defenses and the cost

00:00:12.650 --> 00:00:13.850
of court.

00:00:14.290 --> 00:00:15.930
Anti-SLAPP legislation can end

00:00:15.930 --> 00:00:18.110
even a serious claim early.

00:00:18.470 --> 00:00:19.730
Save the publication before

00:00:19.730 --> 00:00:21.230
seeking removal.

00:00:22.318 --> 00:00:23.698
The statement must refer to

00:00:23.698 --> 00:00:25.038
you, reach at least one other

00:00:25.038 --> 00:00:26.598
person, and tend to lower your

00:00:26.598 --> 00:00:27.758
reputation in a reasonable

00:00:27.758 --> 00:00:29.238
person's eyes.

00:00:29.598 --> 00:00:31.098
A private group can be enough,

00:00:31.098 --> 00:00:32.518
the whole internet need not see

00:00:32.518 --> 00:00:33.458
it.

00:00:33.658 --> 00:00:34.918
A message sent only to you

00:00:34.918 --> 00:00:36.938
lacks third-party publication.

00:00:37.378 --> 00:00:38.578
You do not generally need to

00:00:38.578 --> 00:00:39.738
prove an intention to cause

00:00:39.738 --> 00:00:40.798
harm.

00:00:41.790 --> 00:00:43.410
Substantial truth is a complete

00:00:43.410 --> 00:00:44.650
defence.

00:00:45.070 --> 00:00:46.310
Recognizable opinion on a

00:00:46.310 --> 00:00:47.530
matter of public interest may

00:00:47.530 --> 00:00:48.990
be protected as fair comment if

00:00:48.990 --> 00:00:50.630
the legal requirements are met,

00:00:50.630 --> 00:00:52.790
including a factual foundation.

00:00:53.250 --> 00:00:54.950
Simply saying, in my opinion,

00:00:54.950 --> 00:00:56.330
is not enough.

00:00:56.790 --> 00:00:57.630
Privilege and responsible

00:00:57.630 --> 00:00:59.350
communication can also protect

00:00:59.350 --> 00:00:59.910
statements.

00:00:59.910 --> 00:01:02.270
Have the whole publication and

00:01:02.270 --> 00:01:03.990
its context reviewed.

00:01:05.078 --> 00:01:06.558
The ordinary BC limitation

00:01:06.558 --> 00:01:08.038
period is two years from

00:01:08.038 --> 00:01:09.338
discovering the claim,

00:01:09.338 --> 00:01:10.358
including when you reasonably

00:01:10.358 --> 00:01:11.398
should have known the relevant

00:01:11.398 --> 00:01:12.658
facts.

00:01:13.018 --> 00:01:14.458
Exceptions and an ultimate time

00:01:14.458 --> 00:01:15.398
limit can affect the

00:01:15.398 --> 00:01:16.618
calculation.

00:01:17.038 --> 00:01:18.038
Do not assume an apology

00:01:18.038 --> 00:01:19.658
request or platform complaint

00:01:19.658 --> 00:01:21.398
pauses the deadline.

00:01:21.738 --> 00:01:23.258
Get advice promptly, especially

00:01:23.258 --> 00:01:24.818
if the author is anonymous or

00:01:24.818 --> 00:01:25.878
another jurisdiction is

00:01:25.878 --> 00:01:26.998
involved.

00:01:28.054 --> 00:01:29.574
British Columbia's Libel and

00:01:29.574 --> 00:01:31.074
Slander Act has a one-clear-day

00:01:31.074 --> 00:01:32.254
waiting rule between the cause

00:01:32.254 --> 00:01:33.834
of action arising and filing a

00:01:33.834 --> 00:01:35.354
claim for covered newspaper,

00:01:35.354 --> 00:01:37.894
periodical or broadcast libel.

00:01:38.234 --> 00:01:39.714
That is a minimum wait, not a

00:01:39.714 --> 00:01:41.734
one-day deadline to sue.

00:01:42.094 --> 00:01:43.074
Exceptions and publisher

00:01:43.074 --> 00:01:44.834
requirements apply.

00:01:45.254 --> 00:01:46.354
Ask which rules cover your

00:01:46.354 --> 00:01:47.974
publication, do not use another

00:01:47.974 --> 00:01:50.094
province's media deadlines.

00:01:51.246 --> 00:01:52.846
A defamation lawsuit normally

00:01:52.846 --> 00:01:54.246
belongs in British Columbia

00:01:54.246 --> 00:01:55.766
Supreme Court.

00:01:56.166 --> 00:01:57.346
Provincial court small claims

00:01:57.346 --> 00:01:59.246
excludes libel and slander, the

00:01:59.246 --> 00:02:00.606
small claims process at the

00:02:00.606 --> 00:02:02.266
Civil Resolution Tribunal also

00:02:02.266 --> 00:02:04.186
excludes those claims.

00:02:04.406 --> 00:02:05.906
A small dollar amount does not

00:02:05.906 --> 00:02:07.606
remove that exclusion.

00:02:08.026 --> 00:02:09.446
Discuss the likely legal costs

00:02:09.446 --> 00:02:11.326
before filing and distinguish a

00:02:11.326 --> 00:02:12.626
defamation claim from other

00:02:12.626 --> 00:02:13.826
complaints about online

00:02:13.826 --> 00:02:15.066
conduct.

00:02:16.142 --> 00:02:17.862
Save the exact words,

00:02:17.862 --> 00:02:19.622
screenshots, original links,

00:02:19.622 --> 00:02:20.542
dates, and surrounding

00:02:20.542 --> 00:02:21.802
discussion.

00:02:22.182 --> 00:02:23.382
Record when you first saw it

00:02:23.382 --> 00:02:25.062
and who received it.

00:02:25.102 --> 00:02:26.782
Keep evidence of lost work,

00:02:26.782 --> 00:02:28.302
changed relationships, or other

00:02:28.302 --> 00:02:29.362
harm.

00:02:29.942 --> 00:02:30.782
Explain how that statement

00:02:30.782 --> 00:02:32.342
caused the harm.

00:02:32.622 --> 00:02:34.062
Do not edit the evidence or

00:02:34.062 --> 00:02:35.542
amplify the allegation by

00:02:35.542 --> 00:02:37.362
sharing it more widely.

00:02:38.398 --> 00:02:40.118
Under BC's Protection of Public

00:02:40.118 --> 00:02:41.498
Participation Act, the

00:02:41.498 --> 00:02:42.818
defendant can ask for dismissal

00:02:42.818 --> 00:02:44.058
by showing that your proceeding

00:02:44.058 --> 00:02:45.518
arises from their expression on

00:02:45.518 --> 00:02:47.378
a matter of public interest.

00:02:47.698 --> 00:02:48.918
You must then show grounds to

00:02:48.918 --> 00:02:49.878
believe your claim has

00:02:49.878 --> 00:02:51.178
substantial merit and they have

00:02:51.178 --> 00:02:52.818
no valid defence.

00:02:53.198 --> 00:02:54.218
This is an evidence-based

00:02:54.218 --> 00:02:55.858
preliminary assessment, not the

00:02:55.858 --> 00:02:57.118
full trial.

00:02:58.206 --> 00:02:59.506
You must also show that the

00:02:59.506 --> 00:03:00.806
harm caused by the expression

00:03:00.806 --> 00:03:02.066
is serious enough that allowing

00:03:02.066 --> 00:03:03.466
your claim outweighs protecting

00:03:03.466 --> 00:03:04.806
the expression.

00:03:05.246 --> 00:03:07.286
Harm need not be financial.

00:03:07.566 --> 00:03:08.786
But presumed reputational

00:03:08.786 --> 00:03:10.366
damage alone does not establish

00:03:10.366 --> 00:03:11.766
the seriousness needed for this

00:03:11.766 --> 00:03:12.726
weighing.

00:03:13.086 --> 00:03:14.166
The court considers evidence

00:03:14.166 --> 00:03:15.686
linking the post to the harm,

00:03:15.686 --> 00:03:17.686
including competing causes.

00:03:18.782 --> 00:03:19.942
Yes.

00:03:20.342 --> 00:03:22.802
In a 2026 BC case, a defamation

00:03:22.802 --> 00:03:24.742
claim over Facebook posts about

00:03:24.742 --> 00:03:26.102
local government conduct was

00:03:26.102 --> 00:03:27.262
dismissed.

00:03:27.662 --> 00:03:28.962
The court found a viable truth

00:03:28.962 --> 00:03:31.022
defence and, separately, strong

00:03:31.022 --> 00:03:31.982
public interest in the

00:03:31.982 --> 00:03:33.182
discussion compared with the

00:03:33.182 --> 00:03:34.782
demonstrated harm.

00:03:34.962 --> 00:03:36.142
That does not make every

00:03:36.142 --> 00:03:37.082
accusation safe.

00:03:37.082 --> 00:03:39.722
The content, context and

00:03:39.722 --> 00:03:41.662
evidence decide the result.

00:03:42.742 --> 00:03:44.202
Once the dismissal application

00:03:44.202 --> 00:03:45.922
is served, further steps are

00:03:45.922 --> 00:03:47.202
generally paused through any

00:03:47.202 --> 00:03:48.322
appeal.

00:03:48.742 --> 00:03:50.002
Injunction applications are an

00:03:50.002 --> 00:03:51.322
exception but still need a

00:03:51.322 --> 00:03:53.022
proper legal basis.

00:03:53.402 --> 00:03:54.882
If your case is dismissed, the

00:03:54.882 --> 00:03:56.062
defendant normally receives

00:03:56.062 --> 00:03:57.922
full indemnity costs.

00:03:58.282 --> 00:03:59.502
The court can decide that such

00:03:59.502 --> 00:04:01.302
an award is inappropriate.

00:04:01.722 --> 00:04:02.942
Bad faith or an improper

00:04:02.942 --> 00:04:04.262
purpose can also lead to

00:04:04.262 --> 00:04:05.322
damages.

00:04:05.702 --> 00:04:06.942
The financial risk can be

00:04:06.942 --> 00:04:08.122
substantial.

00:04:09.270 --> 00:04:11.030
Take the full evidence to a BC

00:04:11.030 --> 00:04:12.730
defamation lawyer.

00:04:13.090 --> 00:04:14.210
Ask about a correction,

00:04:14.210 --> 00:04:15.990
retraction, removal request, or

00:04:15.990 --> 00:04:17.630
proportionate court claim, and

00:04:17.630 --> 00:04:19.350
set a clear objective.

00:04:19.690 --> 00:04:21.110
A demand does not itself make

00:04:21.110 --> 00:04:22.750
content unlawful or force its

00:04:22.750 --> 00:04:23.830
removal.

00:04:24.190 --> 00:04:25.590
Check the latest cases, the

00:04:25.590 --> 00:04:26.830
deadline, and the costs

00:04:26.830 --> 00:04:28.250
exposure before sending threats

00:04:28.250 --> 00:04:29.990
or starting proceedings.

00:04:31.238 --> 00:04:32.538
For free general legal

00:04:32.538 --> 00:04:34.398
information, Legal Hotline's

00:04:34.398 --> 00:04:35.718
Canada number is on your screen

00:04:35.718 --> 00:04:36.798
now.

00:04:37.178 --> 00:04:38.498
Legal Hotline is not a law

00:04:38.498 --> 00:04:39.598
firm.

00:04:39.898 --> 00:04:42.258
Its information line uses AI.

00:04:42.818 --> 00:04:43.858
Lawyer matching is a separate

00:04:43.858 --> 00:04:45.118
service, subject to

00:04:45.118 --> 00:04:47.078
availability and acceptance.

00:04:47.498 --> 00:04:48.438
For advice on your own

00:04:48.438 --> 00:04:49.978
situation, speak with a lawyer

00:04:49.978 --> 00:04:51.418
in your province.

00:04:51.798 --> 00:04:53.418
In immediate danger, contact

00:04:53.418 --> 00:04:55.218
emergency services.